Ontario Training and Adjustment Board Act, 1993, S.O. 1993, c. 9

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Ontario Training and Adjustment Board Act, 1993

S.O. 1993, CHAPTER 9

Note: This Act was repealed on December 6, 2000. See: 2000, c. 26, Sched. N, s. 1.

Amended by: 2000, c. 26, Sched. N, s. 1.

(NOTE: By Order in Council made August 18, 1999, the powers and duties of the Minister were transferred to the Minister of Training, Colleges and Universities.)

CONTENTS

1.Purposes

2.Definitions

3.OTAB established

4.Objects

5.Minister’s directives

6.Crown agency

7.Capacity and powers

8.Non-application of Corporations Act and Corporations Information Act

DIRECTORS

9.Directors

10.Additional director

11.Additional directors

12.Meetings

13.By-laws

14.Duty of director

15.Conflict of interest

CHIEF EXECUTIVE OFFICER AND OTHER EMPLOYEES

16.Chief executive officer

17.Employees

LOCAL TRAINING AND ADJUSTMENT BOARDS, COUNCILS AND REFERENCE COMMITTEES

18.Local training and adjustment boards

19.Councils

20.Reference committees

MISCELLANEOUS

21.Fees

22.Surplus money

23.Investments

24.Fiscal year

25.Estimates

26.Plans

27.Accounting and audit

28.Annual report

29.Agreement with Government of Canada

REGULATIONS

30.Regulations

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Purposes

1.The purposes of this Act are,

(a) to enable business and labour, together with educators, trainers and representatives of under-represented or disadvantaged groups, to play a significant role in the design and delivery of labour force development programs and services;

(b) to give Ontario’s employers, workers and potential workers access to publicly funded labour force development programs and services that will, in the context of the competitive Canadian and global economies and in the context of a fair and just society, lead to the enhancement of skill levels, productivity, quality, innovation and timeliness and the improvement of the lives of workers and potential workers;

(c) to recognize the principles of access and equity in labour force development; and

(d) to ensure that labour force development programs and services are designed and delivered within a framework that is consistent with the economic and social policies, including labour market policies, of the Government of Ontario, promotes Ontario’s linguistic duality and recognizes and supports the diversity and pluralism of Ontario’s population. 1993, c. 9, s. 1.

Definitions

2.In this Act,

“labour force development programs and services” includes programs and services with respect to labour force training and adjustment and with respect to entry and re-entry into the labour force; (“programmes et services de mise en valeur de la main-d’oeuvre”)

“Minister” means the Minister responsible for the administration of this Act; (“ministre”)

“OTAB” means the Ontario Training and Adjustment Board. (“COFAM”) 1993, c. 9, s. 2.

OTAB established

3.A corporation without share capital known in English as the Ontario Training and Adjustment Board and in French as Conseil ontarien de formation et d’adaptation de la main-d’oeuvre is established. 1993, c. 9, s. 3.

Objects

4.(1)OTAB has the following objects:

1. To promote, support, fund, co-ordinate, design, provide and evaluate labour force development programs and services for the private and public sectors.

2. To carry out research and development with respect to all aspects of labour force development.

3. To develop a labour market information base.

4. To advise the Government of Ontario on all aspects of labour force development, including its funding.

5. To seek to ensure that publicly funded labour force development programs and services, in the context of the competitive Canadian and global economies and in the context of a fair and just society, lead to the enhancement of skill levels, productivity, quality, innovation and timeliness and the improvement of the lives of workers and potential workers.

6. To participate in the development and promotion of common standards in occupational training, so as to enhance labour force mobility by making skills more portable.

7. To establish links with the Canadian Labour Force Development Board and with provincial, local and other labour force development organizations so as to develop co-operative working relationships and shared initiatives in labour force development.

8. To establish links among labour force development programs and services, the educational system and social programs and services intended to promote preparedness for employment, training and life-long learning.

9. To seek to ensure access and equity in labour force development programs and services, so as to lead to the full participation of workers and potential workers in the labour force.

10. To identify and seek to eliminate systemic and other discriminatory barriers to the full and effective participation of disadvantaged and under-represented groups in labour force development programs and services.

11. To seek to ensure that the special needs of people with disabilities are accommodated in labour force development programs and services.

12. To seek to ensure that labour force development programs and services are designed, delivered and evaluated in light of the needs and priorities of all Ontario’s employers, workers and potential workers.

13. To seek to ensure that labour force development programs and services are of high quality and achieve the best results and the best returns on investment, through the use of a variety of methods that are fully and effectively evaluated in all respects, including cost-effectiveness.

14. To promote appropriate and sustainable levels of investment in labour force development.

15. To make effective use of Ontario’s diverse educational and training resources.

16. To seek to ensure, within the scope of OTAB’s operations, the strength of Ontario’s publicly funded education systems.

17. To promote, in labour force development programs and services, Ontario’s linguistic duality, and to take into account the training needs of Ontario’s francophone community.

18. To recognize and support, in labour force development programs and services, the diversity and pluralism of Ontario’s population.

Criteria

(2)In carrying out its objects, OTAB shall,

(a) operate in a manner that is consistent with the economic and social policies, including labour market policies, of the Government of Ontario;

(b) operate within a framework of accountability to the Government of Ontario;

(c) distribute funding of labour force development programs and services to all the regions of Ontario in a fair and appropriate manner; and

(d) operate in a manner that develops a functioning partnership that brings together all points of view with respect to labour force development programs and services. 1993, c. 9, s. 4.

Minister’s directives

5.(1)The Minister may issue written directives to OTAB on matters that relate to its objects and that are, in the Minister’s opinion, of significant public interest.

Same

(2)The directors shall ensure that the chief executive officer implements the Minister’s directives promptly and efficiently. 1993, c. 9, s. 5.

Crown agency

6.OTAB is a Crown agency as defined in the Crown Agency Act. 1993, c. 9, s. 6.

Capacity and powers

7.(1)For the purpose of carrying out its objects, OTAB has all the capacity and powers of a natural person, except as limited by this Act.

Real property

(2)OTAB may not acquire, hold or dispose of an interest in real property, other than a leasehold interest, without first obtaining the approval of the Lieutenant Governor in Council.

Borrowing

(3)OTAB may, if it first obtains the approval of the Lieutenant Governor in Council, borrow money or give security against its property, subject to any conditions imposed by the Minister of Finance.

Guarantee

(4)The Minister of Finance may, with the approval of the Lieutenant Governor in Council and subject to any conditions that that Minister imposes, guarantee on behalf of Ontario the repayment of loans made to OTAB, including interest. 1993, c. 9, s. 7.

Non-application of Corporations Act

8.(1)Subject to subsection 15 (1), the Corporations Act does not apply to OTAB.

Non-application of Corporations Information Act

(2)The Corporations Information Act does not apply to OTAB. 1993, c. 9, s. 8.

DIRECTORS

Directors

9.(1)The directors are responsible for OTAB’s broad policy direction.

Same

(2)There shall be twenty-two directors, appointed by the Lieutenant Governor in Council, as follows:

1. Two co-chairs, one representing business and one representing labour.

2. Seven directors representing business.

3. Seven directors representing labour.

4. Two directors representing educators and trainers.

5. One director representing francophones.

6. One director representing persons with disabilities.

7. One director representing racial minorities.

8. One director representing women.

Consultation

(3)Each director shall be selected in consultation with organizations representing the group that the director is to represent.

Criteria

(4)In the selection of directors, the importance of reflecting Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized.

Term of office

(5)The directors shall be appointed to hold office for terms not exceeding three years and may be reappointed.

Reappointment

(6)A director may be reappointed, but not so as to serve more than three consecutive terms.

Remuneration

(7)The directors shall receive the remuneration and expenses that are fixed by the Lieutenant Governor in Council.

Vacancies

(8)If the position of a director becomes vacant, the Lieutenant Governor in Council may appoint a person to hold office for the unexpired portion of the term or for a new term not exceeding three years.

Temporary vacancies

(9)If the position of a director becomes temporarily vacant because of a leave of absence, the Lieutenant Governor in Council may appoint a person to hold office as acting director during the leave.

Alternates

(10)On the request of any director who is a person with a disability, the Lieutenant Governor in Council may appoint an alternate who shall perform the duties and have the powers of the director when that director is absent or unable to act.

Consultation

(11)Subsections (3) and (4) apply to the reappointment of directors, the filling of vacancies and temporary vacancies and the appointment of alternates.

Acting co-chair

(12)If either co-chair is absent or unable to act and no alternate has been appointed under subsection (10), or if the position of a co-chair is vacant and the Lieutenant Governor in Council has not yet appointed a replacement, the directors who represent business or labour, as the case may be, shall choose from among themselves an acting co-chair. 1993, c. 9, s. 9.

Additional director

10.(1)An additional director may be appointed on the request of recognized representatives of aboriginal people.

Request

(2)The request may be directed to the Lieutenant Governor in Council or to the Minister, and the appointment shall be made by the one to whom the request is directed.

Consultation

(3)The additional director shall be selected in consultation with recognized representatives of aboriginal people. 1993, c. 9, s. 10.

Additional directors

11.(1)The Minister may appoint a senior member of Ontario’s public service and a senior member of Canada’s public service to be additional directors.

Same

(2)The Minister may appoint an additional director in consultation with an organization representing municipalities in Ontario.

No vote or remuneration

(3)The additional directors appointed under this section shall not have a vote and are not entitled to receive remuneration in connection with their directorships. 1993, c. 9, s. 11.

Meetings

12.(1)The directors shall meet at the call of both co-chairs and, in any event, at least every two months.

Public meetings

(2)At least two directors’ meetings each year shall be open to the public.

Quorum

(3)The number of directors that is prescribed by the regulations made under this Act constitutes a quorum. 1993, c. 9, s. 12.

By-laws

13.The directors shall pass by-laws governing OTAB’s procedure and, subject to the regulations made under clause 30 (1) (b), governing the operations of the directors. 1993, c. 9, s. 13.

Duty of director

14.Each director shall act in the public interest while taking into account the needs and perspectives of the group he or she represents. 1993, c. 9, s. 14.

Conflict of interest

15.(1)Section 71 of the Corporations Act applies to the directors, with necessary modifications.

By-laws

(2)The directors shall pass by-laws dealing with conflict of interest, which may impose restrictions on directors’ activities. 1993, c. 9, s. 15.

CHIEF EXECUTIVE OFFICER AND OTHER EMPLOYEES

Chief executive officer

16.(1)There shall be a chief executive officer of OTAB, appointed by the Lieutenant Governor in Council in consultation with the directors.

Powers and duties

(2)The chief executive officer is responsible for OTAB’s management and operation.

Same

(3)The chief executive officer is responsible to the directors.

Same

(4)The chief executive officer shall implement the policies established by the directors and shall perform the other functions that they assign to him or her.

Same

(5)The chief executive officer shall act as secretary at the directors’ meetings.

Same

(6)The chief executive officer may exercise the powers and duties of a deputy minister under the Public Service Act, and may exercise the power described in section 8 of that Act.

Delegation

(7)The directors may delegate any power or duty of OTAB to the chief executive officer.

Same

(8)The chief executive officer may, in writing, delegate to another employee of OTAB any of the chief executive officer’s powers or duties, including any that have been delegated to him or her by the directors, and may impose conditions and restrictions on the delegation. 1993, c. 9, s. 16.

Employees

17.(1)The employees who are considered necessary to carry on OTAB’s affairs may be appointed or transferred.

Public Service Act

(2)The appointments and transfers shall be made under the Public Service Act. 1993, c. 9, s. 17.

LOCAL TRAINING AND ADJUSTMENT BOARDS, COUNCILS AND REFERENCE COMMITTEES

Local training and adjustment boards

18.(1)OTAB shall designate local training and adjustment boards that comply with the regulations made under this Act.

Powers and duties

(2)Designated local training and adjustment boards have the powers and duties that are delegated to them by OTAB and that are assigned by the regulations.

Same

(3)Designated local training and adjustment boards are responsible to the directors in connection with the powers and duties delegated by OTAB or assigned by the regulations.

Role of OTAB

(4)OTAB shall provide a broad policy and accountability framework for designated local training and adjustment boards.

Funding

(5)OTAB may provide funding to designated local training and adjustment boards, in accordance with the regulations. 1993, c. 9, s. 18.

Councils

19.(1)OTAB may establish councils, as subcommittees of the board of directors, in accordance with the regulations made under this Act.

Powers and duties

(2)The councils have the powers and duties that are delegated to them by OTAB and that are assigned by the regulations.

Advice

(3)The councils shall advise the directors on matters relating to labour force development.

Same

(4)The councils are responsible to the directors.

Remuneration

(5)OTAB may pay council members remuneration and expenses, in accordance with the regulations. 1993, c. 9, s. 19.

Reference committees

20.(1)Reference committees may be established, in accordance with the regulations made under this Act, by the groups named in subsection 9 (2) and section 10.

Funding

(2)OTAB may provide funding to reference committees, in accordance with the regulations. 1993, c. 9, s. 20.

MISCELLANEOUS

Fees

21.OTAB may charge fees for its services, in the amounts fixed by the regulations made under this Act. 1993, c. 9, s. 21.

Surplus money

22.The Minister of Finance may order OTAB to pay into the Consolidated Revenue Fund any money that is surplus to its requirements. 1993, c. 9, s. 22.

Temporary investments

23.(1)OTAB may invest money that is temporarily surplus to its requirements in,

(a) notes, bonds, debentures and other evidences of indebtedness issued or guaranteed as to principal and interest by Canada, a province of Canada, an agency of the Government of Canada, an agency of the government of a province of Canada, a bank listed in Schedule I or II to the Bank Act (Canada) or another financial institution authorized to carry on business in Canada; and

(b) deposit receipts, deposit notes, certificates of deposit, acceptances and other investment instruments issued, guaranteed or endorsed by a financial institution authorized to carry on business in Canada.

Investments in programs and services

(2)OTAB may, on such conditions as the Minister considers proper, invest money in labour force development programs and services, as a sole investor or by way of a joint venture, partnership, syndicate or alliance. 1993, c. 9, s. 23.

Fiscal year

24.OTAB’s fiscal year begins on the 1st day of April in each year and ends on the 31st day of March in the following year. 1993, c. 9, s. 24.

Estimates

25.The directors shall submit to the Minister for his or her review and approval, annually before the end of the fiscal year, OTAB’s estimates for the next fiscal year. 1993, c. 9, s. 25.

Annual plan of operations

26.(1)The directors shall submit to the Minister for his or her review and approval, annually before the end of the fiscal year, a plan for the next year’s operations of OTAB.

Multi-year plan

(2)The Minister may require the directors to submit to him or her for review and approval a plan for OTAB’s future operations projected over several years as specified by the Minister. 1993, c. 9, s. 26.

Accounting

27.(1)OTAB shall establish and maintain an accounting system satisfactory to the Minister.

Auditors

(2)The directors shall appoint one or more auditors licensed under the Public Accountancy Act to audit OTAB’s accounts and financial transactions annually.

Disclosure to Provincial Auditor

(3)The directors shall make available to the Provincial Auditor, on his or her request, the auditor’s report and all accounts, records and other documents relating to the audit.

Minister

(4)The Minister may require that any aspect of OTAB’s accounts or financial transactions be audited by the Provincial Auditor or by another auditor appointed by the Minister for the purpose; in that case, the Provincial Auditor or other auditor shall submit the results of the audit to the Minister and to the directors. 1993, c. 9, s. 27.

Annual report

28.(1)After the end of OTAB’s fiscal year, the directors shall make an annual report to the Minister on its affairs.

Same

(2)The annual report shall contain any information the Minister requires.

Tabling

(3)The Minister shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly.

Other reports

(4)The Minister may require the directors to submit other reports on OTAB’s affairs, objects, powers or duties. 1993, c. 9, s. 28.

Agreement with Government of Canada

29.The Lieutenant Governor in Council may enter into an agreement with the Government of Canada with respect to any matter governed by this Act. 1993, c. 9, s. 29.

REGULATIONS

Regulations

30.(1)The Lieutenant Governor in Council may make regulations,

(a) prescribing the quorum for directors’ meetings;

(b) governing the decision-making procedures followed at directors’ meetings;

(c) respecting the establishment, composition and operation of local training and adjustment boards;

(d) assigning powers and duties to designated local training and adjustment boards;

(e) respecting the provision of funding to designated local training and adjustment boards;

(f) respecting the establishment and composition of councils;

(g) assigning powers and duties to councils;

(h) respecting the payment of remuneration and expenses to council members;

(i) respecting the establishment and composition of reference committees;

(j) respecting the provision of funding to reference committees;

(k) fixing the amounts of fees for the purposes of section 21.

Consultation

(2)Before a regulation is made under subsection (1), the Minister shall consult with OTAB about it.

Community diversity

(3)When a regulation is made under clause (1) (c), the importance of reflecting, in the composition of local training and adjustment boards, the diversity of the communities they are to serve shall be recognized. 1993, c. 9, s. 30.

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